National Consumer Credit Protection Act 2009

CHAPTER 6 - COMPLIANCE AND ENFORCEMENT  

PART 6-9 - MISCELLANEOUS PROVISIONS RELATING TO COMPLIANCE AND ENFORCEMENT  

Division 2 - Miscellaneous provisions relating to compliance and enforcement  

SECTION 319   RECOVERY OF EXPENSES OF INVESTIGATION  

319(1)    
If:

(a) a person is convicted of an offence against a law of the Commonwealth, or a law of a referring State or a Territory, in a prosecution; or

(b) a judgment is awarded, or a declaration or other order is made, against a person in proceedings in a court or tribunal of this jurisdiction;

brought as a result of an investigation under Part 6-1 , ASIC may make one of the following orders:

(c) an order that the person pay the whole, or a specified part, of the expenses of the investigation;

(d) an order that the person reimburse ASIC to the extent of a specified amount of such of the expenses of the investigation as ASIC has paid;

(e) an order that the person pay, or reimburse ASIC in relation to, the whole, or a specified part, of the cost to ASIC of making the investigation, including the remuneration of an ASIC member or ASIC staff member concerned in the investigation.

319(2)    
An order under this section must be in writing and must specify when and how the payment or reimbursement is to be made.

319(3)    

A person must comply with an order under this section that is applicable to the person.

Criminal penalty: 120 penalty units.

319(4)    
Subsection (3) is an offence of strict liability.

Note:

For strict liability, see section 6.1 of the Criminal Code .

319(5)    
ASIC may recover in a court of competent jurisdiction as a debt due to ASIC so much of the amount payable under an order made under this section as is not paid in accordance with the order.

319(6)    
A report under Part 6-1 may include recommendations about the making of orders under this section.

319(7)    
An order made under this section is not a legislative instrument.